A New York man convicted of murder despite being at Walt Disney World in Florida at the time of the crime has walked free after serving 25 years in jail.

Jonathan Fleming, 51, had lost several appeals against his conviction for the 1989 murder of Darryl “Black” Rush but was finally freed as part of a wider review of unsafe prosecutions. A hotel receipt proved he was 1700 km away in Florida five hours before the killing, and police there had sent a letter confirming that hotel staff remembered him paying.

But prosecutors said the evidence – including a video showing that Mr Fleming was in Orlando with his mother on the day of the murder – was not conclusive, claiming he could have flown from Florida in time to commit the crime. They argued that the shooting, which took place in the New York City borough of Brooklyn, was motivated by a dispute over money.

Jonathan Fleming hugs his attorney Anthony Mayol while his other attorney Taylor Koss applauds in Brooklyn’s Supreme court, after a judge declared him a free man.
Jonathan Fleming hugs his attorney Anthony Mayol while his other attorney Taylor Koss applauds in Brooklyn’s Supreme court, after a judge declared him a free man.

A key witness to the crime, who placed Mr Fleming at the scene, recanted their testimony soon after his 1990 conviction, but he was not freed for more than two more decades.
Moments after his case was dismissed, Mr Fleming said: “I feel wonderful. I’ve always had faith. I knew that this day would come.”